federal law versus state law

[wyatt]

Are all the laws in the state concealed handgun 07-08 handbook all the laws that they follow when someone is qualifing for a CHL or is there other fedral guidliness that are not listed in the texas law book. I quess my question is if you meet all the criteria for the texas laws are there different federal guidliness that you must meet as well.

[seamusTX]

In addition to what is in the DPS booklet, you must be qualified to purchase a firearm under federal law.

Off the top of my head, the conditions that prohibit you from purchasing under federal law are

• felony conviction
• domestic violence conviction
• being under indictment or on parole or probation
• dishonorable discharge from the military
• mental illness
• drug addiction
• having renounced your American citizenship

Search for "form 4473" for the entire list.

- Jim

[Liko81]

In addition to what is in the DPS booklet, you must be qualified to purchase a firearm under federal law.

Here's a more complete list from the NRA-ILA. "Prohibited persons" are defined as those who are one or more of the following:

• Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
• Fugitives from justice.
• Unlawful users of certain depressant, narcotic, or stimulant drugs.
• Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
• Illegal aliens.
• Citizens who have renounced their citizenship.
• Those persons dishonorably discharged from the Armed Forces.
• Persons less than 18 years of age for the purchase of a shotgun or rifle.
• Persons less than 21 years of age for the purchase of a handgun or any NFA-controlled weapon.
• Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
• Persons convicted in any court of a misdemeanor crime of domestic violence.

Beyond that, the only Federal law of note regarding possession or carry of weapons relates to a Federal override of State laws that more tightly restrict transportation of weapons; regardless of specifics concerning where you are, where you're from or where you're going, if your trip crosses at least one State line, it is legal for you to transport an unloaded weapon secured either in your trunk or in a locked container other than your glove compartment or console. Texas State law mirrors most other restrictions on firearm carry (or the CHL booklet covers them).

[wyatt]

Is commited to a mental institution only at present time. I have a friend who was in a commited to a mental institution for depperssion over 16 years ago but is fine now. he has never had any other issues, not even a traffic ticket. Does this disqualify him for a CHL.

[seamusTX]

The state has a list of mental illnesses that disqualify a person from having a CHL. These mental illnesses are psychoses, like schizophrenia, and dementia (Alzheimer's Disease, etc.). Depression is not on the list.

This is the standard that BATFE uses:

Section 922(g)(4) of 18 U.S.C. makes it unlawful for any person who has been adjudicated as a mental defective or who has been committed to a mental institution to possess firearms or ammunition. This prohibition covers two classes of persons—those who have either been (1) adjudicated as a mental defective; or (2) committed to a mental institution.

Each of these terms is defined by Federal regulation at 27 C.F.R. § 478.11 as follows:
ADJUDICATED AS A MENTAL DEFECTIVE

1. A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
1. Is a danger to himself or to others; or
2. Lacks the mental capacity to contract or manage his own affairs.
2. The term shall include—
1. A finding of insanity by a court in a criminal case; and
2. Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

COMMITTED TO A MENTAL INSTITUTION

This term means a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term also includes a commitment for mental defectiveness or mental illness, and commitments for other reasons such as for drug use. The term does not include a person in a mental institution for observation or any voluntary admission to a mental institution.
(http://www.gunowners.org/ne0703.htm)

I have underlined two phrases. It must have been an involuntary commitment by a court or other authority. Someone who is treated voluntarily at a mental hospital is not a prohibited person.

As usual, I am not a lawyer and not qualified to give legal advice.

- Jim

[anygunanywhere]

This is why men, typically, are afraid of commitments.

Anygunanywhere

[XIONG1]

Ditto here~！
I support your point of view 。